Hon. Wanda Thomas Bernard: Honourable senators, I am honoured to rise today on Algonquin and Anishinaabe land in support of Bill S-205, An Act to amend the Corrections and Conditional Release Act. I will continue to stand for this critical issue, which I view as one of the most serious human rights violations that we see in Canada today. I thank Senator Pate for her tireless efforts to bring this legislation forward again.

The lasting effects of time spent in segregation are felt after only 48 hours of segregation. Longer-term impacts, like irreversible psychological harm, can occur after 15 days in solitary confinement.

Honourable senators, Tona, whom many of you have heard about before, spent 10 years in segregation. I had the opportunity to visit with Tona this summer. Tona has endured more than any person should ever have to. Her deepest wish is that no one else suffers lasting damage to their mental health from being held in solitary confinement.

Tona is a resilient, kind and brilliant woman. It is fitting that this bill carries her name. Truly, it is her legacy. A Sixties Scoop survivor, Tona spent 10 years in segregation. The thought of what she endured evokes a deep sense of rage. Yet, Tona herself feels profound gratitude to Senator Pate for introducing this legislation. Her experiences have made her a beacon of strength and critical hope.

During the study on the human rights of federally sentenced persons, the Standing Senate Committee on Human Rights developed 71 recommendations after thorough study of our corrections system. I will now highlight two of the recommendations from the study that relate closely to Tona’s law. They are from page 170 of the study, if any of you care to revisit that report.

Recommendation 33 states:

That the Correctional Service of Canada ensure that Structured Intervention Units adhere to the most recent court decisions and respect Canada’s human rights obligations and international commitments, including by:

eliminating the use of solitary confinement for all federally-sentenced persons;

taking into account the different needs and experiences of particular groups, including LGBTQI2-S persons and women;

eliminating solitary confinement in excess of 15 days;

providing meaningful human contact and continued access to programming as well as 24-hour access to health and mental health services; and

establishing judicial oversight to review all Structured Intervention Unit placements and decisions.

Recommendation 34 states:

That the Correctional Service of Canada immediately end the use of separation by any name with youth, women and those with disabling mental health issues, and implement mental health assessments and judicial oversight to eliminate the overrepresentation of federally-sentenced Indigenous Peoples, Black persons, other racialized persons and persons with mental health issues in Structured Intervention Units.

Honourable senators, I remind you of these recommendations our committee tabled in 2021. I encourage you to revisit the study’s findings and recommendations to understand the critical nature of Bill S-205. I fully support this bill because I believe no one deserves to experience the inhumanity of time spent in segregation, called by any name. I believe we can legislate meaningful alternatives. I urge the adoption of this bill.

As Tona said when I saw her last week — I want you to hear this — “Let’s get this bill passed so I can die in peace.”

Thank you, asante.